Terms & Conditions

SHIPPING AREAS

We have managed to secure nation wide shipping but unfortunately we can't give the same rates to all areas. To check if you are deemed to be in a remote area you'll need to go through the checkout process. We subsidise all freight to give the best value possible to our customers. As new freight arrangements become available we will do our best to pass on any savings we may be able to achieve in the future.

SHIPPING POLICY

We always strive to make your confectionery purchasing experience as satisfying as possible, but sometimes stuff just doesn’t work out! Our returns policy is here to help you identify what your issue is and what the correct process is to get it resolved quickly so you can get back to eating some tasty confectionery!

All return/refund requests must be made to our Customer Care department info@kellyscandy.com.au within 5 business days of receipt of your order (determined by postal tracking) to be authorised by our team before any product is to be returned. We cannot process any refunds for products returned without an approval. Due to health regulations, any food products must be unused, unopened and have packaging or seals intact.

Refunds for returns exclude shipping costs, and the customer is responsible for shipping the products back to us in their original condition. A 20% restocking fee will be applied to all returns.

Please send your pre-approved returns to the following address (no refunds for products returned without prior approval):

Kellys Candy Co. Attn: Returns 194 Evans Rd

Salisbury

Queensland 4107

Since food products cannot be returned unless unopened, and we do not refund for melting, please take care when placing an order and keep in mind the following (if you have any concerns or specific requirements, please call us before you place your order):

Quantity: Think through and calculate how much candy you will need for an event or project. If you are unsure, just drop us an email and we will do our best to guide you in your purchase.

Colour: Our products are hand-made in batches and colour may vary. Colours may also look different from one computer monitor to the next.

Heat: If it is warm in your area, stay away from heat-sensitive items as we do not refund for melting! And always make sure someone is around to receive the package. Kellys Candy strongly recommends that you purchase a poly foam box with your order to help protect heat effected items. Kellys Candy cannot guarantee a poly box will protect your order 100% from natures elements but it will certainly give your order the best chance. This is something you will need to consider before placing your order on our website.

Of course, if we make any mistakes with your order, we will take full responsibility – just make sure that you contact us within 5 business days of receiving your order, as we cannot approve any requests for refunds/reships after such time.

CANCELLATIONS:

Our team is on standby during each working day to pick, pack and ship an order, sometimes within minutes of our customers placing it. As soon as an order is "released" into our fulfillment system (which can be seconds after you push that submit button), it cannot be cancelled. Of course you are welcome to call us and check whether an order has been released and if it has not, we are happy to process your cancellation. However, if a customer care representative sees the order has been "released" into our fulfillment system, they will be unable to cancel it. We have spent an extremely large amount of resources to develop and create this extremely quick and efficient automated turn-around system and if we were to cancel an order already released, that one act would interrupt our entire fulfillment cycle (potentially affecting hundreds of other orders). We appreciate your understanding on this matter and we urge you to please take the time to carefully make your selections before hitting that submit button! If your order has been ''released'', a restocking fee of twenty percent (20%) will be deducted from your refund.

If you are unable to cancel your order but still want to return the products, you have the option of returning or refusing the package once it arrives at your destination (see details above regarding returns and refusing packages).

CLAIMS PROCEDURE:

In the event a claim is made on item/s received that are damaged in transit, Kellys Candy will request photos of the damaged items. Any refunds applicable will apply to those items that are shown as damaged in the photos received. Kellys Candy reserves the right to refuse claims where we deem necessary.

INCORRECT SHIPPING ADDRESS:

If the customer provides the wrong address when placing an order, the following shall apply:

If the order is returned to the Kellys Candy Warehouse in good condition: Customer will be responsible for the full cost of shipping as well as a twenty percent (20%) restocking fee.

If the package is returned to the Kellys Candy Warehouse but the contents are damaged or if the package is lost: No refund will apply.

INCORRECTLY ORDERED ITEMS:

In order for credit to be received for incorrectly ordered items, the product must be returned, at purchaser’s expense, to our return address listed above, and must be in the same condition as it was received. All returns caused by customer error may be subject to a twenty percent (20%) restocking fee.

Merchandise must be returned, at purchaser's expense, in the same condition as it was received and it is up to the purchaser to choose a return delivery method that best suits their needs.

Please note that on orders caused by customer error, we are unable to issue credit for shipping in either direction.

HOT WEATHER ISSUES:

Australia can be a hot place! As stated on our FAQ page, Kellys Candy cannot take responsibility for products damaged in transit due to extremes in temperature if a warm weather shipping method was not used, nor will we replace said product before reviewing the delivery circumstances involved. If questions arise as to perishability, please contact us and we will do our best to provide guidance.

In the event that a product is received in unusable condition, for reasons other than extremes of temperature, a claim must be submitted within five (5) days after physical receipt of merchandise as determined by postal tracking. In the event that a claim is submitted after the stated time period, we will not be able to issue credit nor refund product.

DELIVERY TIMING ISSUES:

Kellys Candy does not give refunds due to Australia Post or Couriers taking too long to deliver your goods. Each Courier Service has their own terms and conditions published on their websites. Please be mindful when choosing a delivery option that Australia Post won't guarantee any set amount of time for ground shipments. It is the responsibility of the purchaser to investigate the expected delivery time frames by visiting Australia Post and Fastway websites respectively. In most cases, they get anywhere within Australia (apart from some regional areas – and boy do we have em’) in less than 5 business days. Fastway Couriers allow a similar time frame for deliveries to metro areas. Australia Post does have Express Post options if you require your order before a certain date.

Kellys Candy ships all packages within 48 business hours of receiving your order unless there is a problem with your order in which case we will contact you within this 48 hour business period. Please respond promptly to any of our communication so we can get your package out to you as soon as possible. (For more information about when to expect your order please see the FAQ section on our website).

SPECIAL ORDERS:

We cannot unfortunately accept returns on special order products as we have to special order these ourselves.

SEASONAL ORDERS:

Due to the limited quantity of seasonal candies, please note that the purchase of all seasonal merchandise (such as Easter, Christmas, or Valentines), perishable or non-perishable, is non-returnable.

MISSING ITEMS:

In the event that an order is received and there is a discrepancy as to a missing item, a claim must be submitted within two (2) business days of physical receipt as determined by postal tracking. We will compare items ordered as well as physical weight of the package and issue a store credit accordingly.

REFUSAL OF PACKAGE:

If parcels are refused, original and return shipping costs will be charged to the purchaser's original form of payment.

ORDERS WITH INCORRECT MERCHANDISE:

In the event that incorrect merchandise is received, we will do our best to correct the error in a timely fashion. In the event of an exchange, we will ship corrected merchandise at the shipping service level at which it was purchased. Please note that we are unable to issue credit for any product in which the factory seal or package is no longer intact.

Please note that in order for credit to be issued, notification of order discrepancies must be made within two (2) business days of receipt as determined by postal tracking.

TERMS OF USE

Welcome to Kellys Candy Co.’s website ("Site"). Please review the following terms and conditions that govern your use of our Site (the "Agreement"). We may, without prior notice and at any time, change the terms that govern your use of our Site. Your use of our Site following any such changes constitutes your agreement to follow and be bound by the terms as changed.

If you don't agree to these terms and conditions please do not use our website.

ACCEPTANCE

By using this website you are bound by these terms and conditions which form a legally binding contract between you and Kellys Candy Co. Pty Ltd ABN 64 010 721 105.

COPYRIGHT, TRADE MARKS AND OWNERSHIP OF RIGHTS

The copyright, trademarks and other intellectual property rights contained within this site are owned by Kellys Candy Co. Pty Ltd and unless authorised, the use or misuse of them is forbidden.

SITE CONTENTS & USE

Unless otherwise noted, all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Kellys Candy Co. Pty Ltd and its subsidiaries and/or affiliates (collectively "Kellys Candy Co. "). The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

As a condition of your use of this Site, you warrant to Kellys Candy Co. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

SITE TRANSACTIONS

Kellys Candy Co. reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that Kellys Candy Co. is not responsible for third party access to your account. Kellys Candy Co. reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

RIGHT TO CHANGE SITE

Kellys Candy Co. may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You agree we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

All comments, feedback, notes, messages, ideas, suggestions or other communications submitted or offered to Kellys Candy Co. through this Site or offered in connection with your use of this Site whether disclosed online, by email, by post mail or otherwise (collectively, "Comments") shall be and remain the exclusive property of Kellys Candy Co. Your submission of any such Comments shall constitute an assignment to Kellys Candy Co. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Kellys Candy Co. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us. Kellys Candy Co. has the right but not the obligation to monitor and edit or remove any Comments. You agree your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Kellys Candy Co. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Kellys Candy Co. takes no responsibility and assumes no liability for any Comments posted by you or any third party.

AVAILABILITY, ERRORS & INACURRACIES

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Products displayed may be out-of-stock or discontinued, and prices are subject to change. We apologize for any inconvenience this may cause you.

COLORS

Kellys Candy Co. strives to display as accurately as possible the colours of the products shown on the Site. However, because the colours you see will depend on your monitor or your printer, Kellys Candy Co. cannot guarantee that your monitor’s display or printer’s output of any colour will be accurate.

RISK OF LOSS

The risk of loss and title to products purchased on the Site pass to you upon Kellys Candy Co.’s delivery to the carrier.

LINKS TO OTHER WEBSITES & SERVICES

The Site may contain links to websites of third parties, outside services and resources, the availability and content of which Kellys Candy Co. does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Kellys Candy Co. has no responsibility for the linked sites nor does linking constitute an endorsement of any kind. Links are provided solely for the convenience and information of the Site’s users and your use of third party sites is at your own risk.

PRIVACY POLICY

Your submission of personal information through the Sites is governed by our privacy policy page.

This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KELLYS CANDY CO. EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE, ALTHOUGH KELLYS CANDY CO. MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. KELLYS CANDY CO. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

INDEMNIFICATION

As a condition of your use of the Site, you agree to defend, indemnify and hold Kellys Candy Co., and its respective employees, directors, officers, agents, vendors and suppliers harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site including without limitation any Comments submitted by you and/or your breach of any representation, warranty, or other provision of the Agreement.

JURISDICTION

This Site is operated by Kellys Candy Co. from its offices in Salisbury, Queensland. This Agreement shall be construed in accordance with the laws of the State of Queensland, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Queensland.

TERMINATION

You may terminate this Agreement at any time. Kellys Candy Co. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes

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